Faktion – Privacy Policy

Faktion considers the privacy of your personal data as a matter of the utmost importance and is committed to processing your information in accordance with the law, the present Privacy and Cookie Policy (hereinafter the ‘’Policy” or “Privacy Policy’’), and the applicable standards of fair information practices. 

This document offers you a description of how Faktion uses this data, as well as your rights associated with Faktion’s use of your data. This policy applies specifically to customers or persons who are interested in our product.

THIS PRIVACY POLICY ONLY APPLIES TO THE PROCESSING OF PERSONAL DATA OF PERSONS WHO CONTACT FAKTION VIA FAKTION WEBSITE OR THE MICROSOFT AZURE MARKETPLACE AND RELATED SERVICES. THIS PRIVACY POLICY DOES NOT COVER THE USE OF OUR LISTED PRODUCTS OR OTHER FAKTION SERVICES AND PRODUCTS.

Accessing or using the website and/or using any of the services/products that we provide to you or you access, implies your express approval (via handing us your personal information, or via opt-in) of this Privacy Policy. This means that you consent to how Faktion collects, uses and processes your personal information. If you do not accept this Privacy Policy, you are no longer allowed to use the website, services or products  of Faktion. Faktion may access or use your data either with your express approval, to perform the services detailed in an agreement or for any lawful basis.

Faktion reserves the right to change, modify and update this Privacy Policy from time to time by posting a revised version on our website. Therefore, we recommend you regularly consult this Policy, to make sure that you are aware of any changes.

Article 1 – GENERAL

1.1 Faction XYZ BVBA (“Faktion”), with registered offices in Belgium, Oude Leeuwenrui 39, first floor, 2000 Antwerp and registered at the CBE with number 0841.205.774, and available via www.faktion.com takes responsibility for the processing of your personal data on the Website as a “data controller”.

1.2       This Privacy Policy for the protection of your personal data is strictly compliant with the European Union Regulation of 2016 concerning the protection of individuals with regards to the processing of personal data, regarding the free movement of such data and repealing Directive 95/46/EC (“GDPR”).

1.3       If you have questions about this Privacy Policy, or the manner in which Faktion collects, uses or otherwise processes your personal information, please contact us by sending an email to the following e-mail address: dpo@faktion.com

Article 2 – WHICH PERSONAL DATA DOES FAKTION COLLECT?

2.1       When you contact Faktion in relation to a Faktion project or product, Faktion may collect the following contact information provided by you:

• Name
• E-mail address
• Telephone number

2.2       Faktion does not collect sensitive personal information of its visitors, customers or suppliers (e.g. data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation). Faktion shall, where necessary, obtain your explicit consent to collect and use such information.

2.3       You are not obligated to provide us with your personal data, however, the performance of several services may not be possible if you choose not to provide your personal data.

Article 3 – HOW WILL MY PERSONAL DATA BE USED?

3.1       Purpose

Faktion collects and processes your personal data so that you can purchase a service or product, or so that Faktion can respond to a request from you. 

The contact information we collect about you is primarily processed to provide the services and/or products you have requested, based on the lawful purposes on “consent” for direct marketing, “legal obligations” and  “contractual necessity” for services/products, or “legitimate interest” as allowed under GDPR.

3.2        Direct marketing:

Faktion may also use your personal information for the purpose of marketing our products and services. If you do not want to receive marketing material from us, you may opt out or exercise your right to object (Article 5) by sending us an email to dpo@faktion.com .

3.3.      Transfer of Personal Data

In order to process your personal data, we provide access to our employees.

Faktion will not disclose your personal data to third parties, unless it is necessary in the context of providing our products or services and/or optimising them. To that end, Faktion may disclose your personal data to third parties who assist Faktion in the execution, management and control of its activities, including reporting, support, customer service, computer security or offering specific services and products. It may happen that a third party is commissioned to collect, process and/or analyse the data. Furthermore, it may be necessary to provide the personal data to a third party in order for Faktion to be able to supply a product or service that you have ordered. These third parties may only use the data for the aforementioned purposes and instructions of Faktion. Any other use is not included and is prohibited.

Consequently, Faktion will not sell, hire out or pass on your personal data to third parties, except in the situations provided for in this Policy or unless you explicitly provide prior consent.

In addition, it is also possible that Faktion will disclose your personal data:

• If Faktion is obligated to do so, following a court order or to comply with imperative laws and/or regulations, or permitted by applicable law in order to safeguard and defend our rights or protect the property or safety of others.  
• In case of whole or partial reorganization or cession of Faktion’s activities, whereby Faktion reorganizes, transfers or ceases business activity, your personal data may be transferred to new entities or third parties.

Article 4 – HOW LONG WILL WE HOLD YOUR PERSONAL DATA?

Faktion only processes your personal information for as long as necessary.  This means that we do keep a record of your data for as long as it is required or justified by the law or by another legal obligation, or for the period for which this would be necessary for the aforementioned purposes.  Under normal circumstances, Faktion will hold your contact information for 5 years after the termination of the commercial relationship.

Article 5 – YOUR RIGHTS AS A DATA SUBJECT

5.1.      Right of access and right to obtain a copy

You have the right to obtain access to your personal data, as well as to be informed      about the purpose of the processing by Faktion.

5.2.      Right to rectification, erasure, or restriction

You have the choice to share your personal data with Faktion. You also have the right to request Faktion to rectify your personal data or have it erased. You can also request the processing of your personal data to be restricted.

When you choose not to share data, or when you request that we erase your personal data, we may be prevented from providing you with several services and access to the website.

5.3.      Right to object

You have the right to object to the processing of your personal data when you have legitimate reasons to do so. You also have the right to object to the use of your personal data for purposes of direct marketing. In such case specific reasoning will not be requested.

You may opt out of receiving email communications by using one of the following methods:

•          Select the email “opt out” or “unsubscribe” link or follow the opt-out instructions included in each email communication.

•          Contact us through mail at: dpo@faktion.com. Be sure to provide your name, relevant contact information, and specific relevant information about Faktion communications that you no longer wish to receive.

Please be aware that when you opt out of receiving certain subscription communications, it may affect the services you have chosen to receive from Faktion where accepting the communications is a condition of receiving the services.

5.4.      Right to data portability

You have the right to obtain your personal data which is processed by Faktion in a        structured, commonly used and machine-readable format and/or to transfer this data to   another data controller.

5.5.      Right to withdraw consent

When the processing is based on prior consent you have the right to withdraw this consent.

5.6.       Automated decisions and profiling

The processing of your personal data does not include profiling, nor shall you be subjected       to automated decisions.

5.7.      Exercising your rights

To exercise the above-mentioned rights, or to raise a question, comment or complaint, send an e-mail with an enclosed copy of the frontside of your identity card to dpo@faktion.com .

5.8.       Right to file a complaint

If you have any complaints about the way Faktion collects, uses and/or processes your personal data, you have the right to file a complaint with the Belgian Data Protection Authority which is the Lead Supervisory Authority of Faktion:

Data Protection Authority
Drukpersstraat 35, 1000 Brussels,
Tel +32(0)2 274 48 00, Fax +32 (0)2 274 48 35,
E-mail: contact(at)apd-gba.be

However, you are always free to contact your own European or EU-vested authority.

Article 6 – SAFETY AND CONFIDENTIALITY

6.1       Faktion undertakes all reasonable efforts as required by applicable law to prevent (i) unauthorized access to your personal information, and (ii) loss, abuse or alteration of your personal data, by using       physical, administrative and technological measures to protect the information maintained.

• All data transmitted from and to our website is encrypted (HTTPS/TLS)
• Internal data security policies (password policy, BYOD policy, teleworking policy…)
• All data is stored on secure datacentres

6.2       In the unlikely and unfortunate event that your personal information under Faktion’s control is compromised by an information security breach, Faktion will immediately act to identify the cause of such breach and take action through adequate remedial measures. If necessary, Faktion will notify you as well as the Data Protection Authority of this incident in accordance with applicable law.

Article 7 – APPLICABLE LAW AND JURISDICTION

This Privacy Policy is managed, interpreted and executed in accordance with the laws of Belgium which exclusively applies to every potential dispute.

The competent courts of Gent shall have exclusive jurisdiction in relation to any kind of disagreement that could arise from the interpretation or execution of the present Privacy Policy.

Article 8 – QUESTIONS

Questions, comments and requests regarding this Policy are welcomed and should be addressed to

Faction XYZ BVBA
Oude Leeuwenrui 39, first floor
2000 Antwerp

Or electronically to dpo@faktion.com